Grading issue creates uphill battle for Brooklin family

Town of Whitby says backyard grading meets standard

Lomer yard

Ryan Pfeiffer / Metroland

BROOKLIN -- Jeff Lomer and his family have been struggling with a grading issue in their backyard since moving into their Brooklin home in July 2012. A portion of their yard, which they paid a premium for, is unusable due to the severe slope. Pictured, from left, are family members Lauren, Alex, Mikaela and Jacob. June 25, 2014.

BROOKLIN -- A large backyard where his four children could play is one of the reasons Jeff Lomer and his wife Nancy purchased their home on Cachet Boulevard in Brooklin two years ago.

But the couple says their children, ages 11, nine and eight-year-old twins, have had little to no opportunity to use the space due to a major grading issue.

“When we moved in, we realized there’s a lot of sloping at mostly the north and the east sides of the house,” said Mr. Lomer, adding they’ve lost eight to 14 feet of usable space as there are no level areas in the backyard.

“Our kids’ swing set is still in storage because it’s not safe to install it ... it’s really affected our life and livelihood because of the grading.”

Mr. Lomer called the Town of Whitby, which sent a consultant to their home and after several discussions, they learned what the problem was.

“They told us our overall grade in our entire backyard is half a metre too high from the original plan so that’s why we have these big, huge slopes in the corner,” said Mr. Lomer.

After months of going back and forth between the builder and the Town, the family was told this past fall that the grading in their backyard meets Whitby’s standards.

“The Town reps came out and said everything’s fine, the builder doesn’t have to do anything for it so they gave the builder a document saying it’s in conformance,” said Mr. Lomer, who took the matter to Whitby council in February.

Council then passed a motion directing staff to “co-ordinate and establish meetings with all required parties, including the Lomer family, to come to an agreeable solution to address the grading issues.”

But the issue has still not been resolved.

Mr. Lomer said he received an e-mail from the Town last month indicating again that the grading is within municipal standards. The e-mail also advised him to consult a lawyer if he wanted to pursue the matter further.

Whitby’s Commissioner of Public Works, Suzanne Beale, addressed the issue at a recent public meeting following an inquiry by Mayor Pat Perkins, who watched a video posted online by the Lomer family requesting her help.

“We have met with the residents and we have provided them recently (with) correspondence in terms of our expert opinions from industry standards for grading,” Ms. Beale said.

“At this time, we are of the opinion that the site does meet industry standards, it is certified, and if they did wish to pursue it, it would be through a legal matter.”

Mr. Lomer said he’s frustrated that the issue has dragged on for this long only to leave him with the costly option of seeking legal assistance. He’s also looked into the price of getting the backyard fixed himself, which he said ranges between $15,000 to $35,000 -- a tall order considering he paid $20,000 extra at the time of purchasing the home for 20 feet of backyard space.

“I told the kids, ‘In life, guys, you have to pick your battles.’ This is a battle that mommy and daddy and our kids have bought into because this is our livelihood,” said Mr. Lomer.

“We live with this every single day. Other people that are involved, they don’t. They get to go home and enjoy where they’re living.”

(4) Comment

By Fiona|OCTOBER 03, 2014 05:52 PM

"Boo hoo! I live in a huge house with a big trampoline, in a fabulous neighbourhood. Woe is me!" Try thinking about what you are complaining about in the grand scheme of things. People who have it a lot worse off than you manage to enjoy their lives. What an absolute whiner.

Get a good landscaper ... an artesian well in the highest corner with a covered (sock) pipe from that well that is porous to allow water into it to the far end where it is lowest to maintain drainage etc to the Town's specifications, then cover with soil and away you go. We know people that did this. They had a landscaper to the well and the pipes etc. Had a soil company bring in a few yards and the family moved the soil themselves etc ... under $7,500 since the family did most of the labour but the quote was $15,000 if all labour was outsourced.

We were the third home to buy in our subdivision and we were SO TEMPTED to purchase the same model as the one we ultimately chose with a larger corner lot backing partly on top the park. We asked for the "grading" and "drainage" plans as well as the standard plans that the builder wants only to show. We saw allowances to permit large fluctuations in the grading including large slopes/hills, right of way access/easement, catch basin for drainage. NO THANKS.

Same thing with our house. The one corner of our backyard really slopes but it is according to standard so we live with it. Unfortunately all our neighbours have built swimming pools and graded their lots which means that corner is now a swamp. Just fix it yourself. There is nothing you can do.